A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 15, 2018, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Busan District Court.

Nevertheless, on November 25, 2020, the Defendant driven a CTB car under the influence of alcohol level of about 0.070% from the 2km section from around Busan District B department store, Busan District, to the front road of about 548 Ga, as in the same Gu, from around 548 Ga, to about 0.070% in alcohol level.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The defendant's legal statement, investigation report (the main driver's report) and response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant had been punished for the crime of violating the Road Traffic Act.

However, it shall be considered that there is no particular criminal history, except before the judgment of the defendant, because the defendant is late against the defendant, and that there is no particular criminal history.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, sex, family environment, background of the crime, circumstances after the crime, etc., and all the conditions for sentencing as shown in the records and arguments of this case.